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STATE v. RILEY

No. 581.

480 P.2d 693 (1971)

STATE of New Mexico, Plaintiff-Appellee, v. James Buster RILEY, a/k/a John Eugene Thille, Defendant-Appellant.

Court of Appeals of New Mexico.

January 29, 1971.

Attorney(s) appearing for the Case

Donald D. Hallam, Hobbs, for appellant.

James A. Maloney, Atty. Gen., C. Emery Cuddy, Jr., Asst. Atty. Gen., Santa Fe, for appellee.

OPINION

SUTIN, Judge.

This is a burglary conviction. Section 40A-16-3, N.M.S.A. 1953 (Repl. Vol. 6). Defendant appeals. The issues are: (1) sufficiency of the evidence to support the verdict; and (2) admissibility of a written statement by a principal actor in the burglary. The conviction is affirmed.

(1) Sufficiency of the evidence.

On the night of February 28, 1970, Bennett and Riley were seen walking toward the Wells Service,...

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